CHRISTIAN E. JACKSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
CHRISTIAN E. JACKSON, APPELLANT,
STATE OF FLORIDA, APPELLEE
895 So. 2d 1275
Florida District Court of Appeal, Second District (2005)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Affirmed. See Boyd v. State, 880 So. 2d 726 (Fla. 2d DCA), review denied, 888 So. 2d 621 (Fla.2004). After this court held in Boyd that a claim of vindictive sentencing is not cognizable in a motion to correct an illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a), the Fifth District in Johnson v. State, 877 So. 2d 795 (Fla. 5th DCA 2004), reversed a circuit court order denying a rule 3.800(a) motion and remanded for consideration of the claim of vindictive sentencing raised in the motion. We certify direct conflict with Johnson.
Affirmed; conflict certified.
KELLY, CANADY, and WALLACE, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Jackson v. State, 921 So. 2d 611 (Fla. 2006)…PARIENTE, C.J. We initially accepted jurisdiction to review Jackson v. State, 895 So. 2d 1275 (Fla. 2d DCA 2005), a decision which the Second District Court of Appeal certified to be in direct conflict with the Fifth District Court of Appeal’s decision in Johnson v. State, 877 So. 2d 795 (Fla. 5th DCA 2004). See art. V, § 3(b)(4), Fla. Const…
Authorities Cited
- Boyd v. State, 880 So. 2d 726 (Fla. 2d DCA 2004)
- Johnson v. State, 877 So. 2d 795 (Fla. 5th DCA 2004)
- Boyd v. State, 888 So. 2d 621 (Fla. 2004)